Article 21

EUROPEAN PATENT OFFICE

Information from the EPO

Notice from the European Patent Office dated 9 February 2024 concerning new features of MyEPO Portfolio

1. MyEPO Portfolio is a secure, web-based online service for parties to proceedings before the EPO. It provides improved access to several online services, enables the exchange of digital information and offers a contemporary, simplified approach to making procedural submissions.

2. It was launched in June 2022 and is being continually improved. Over the course of 2023, new features were made available, including a shared area allowing live interaction between examining divisions and users, alternatives to smart cards for user authentication and a representative area enabling professional representatives to administer their entries on the list of professional representatives before the EPO.1

3. On 1 April 2024, the EPO launches new MyEPO Portfolio features as described in the present notice. The decision of the President concerning the web-based online service MyEPO Portfolio and electronic notification to the Mailbox2 is updated in parallel, so as to reflect the increased scope and functionality of MyEPO Portfolio. Reference is also made to the decision of the President concerning the web-based online service MyEPO Portfolio in proceedings related to European patents with unitary effect.3

4. MyEPO Portfolio is provided without prejudice to the existing methods of filing documents, electronic notification and file inspection; it also includes a link to Central Fee Payment. These other EPO online services are unaffected by the launch of the new MyEPO Portfolio features. Users can continue to use My Files and the Administration facility tool, and access Mailbox as they do already until these services are decommissioned, planned for June 2024.

Access

5. Where multiple professional representatives have been individually appointed, only the first named representative has access to electronic filing or to inspection of the files of unpublished applications.

6. Any user can access any published European patent application, European patent or European patent with unitary effect via MyEPO Portfolio. This allows users to file certain requests in relation to applications or patents that are not part of their portfolio, such as requests for registration of transfers, requests for registration and cancellation of licences and requests for certified copies.

Electronic notification

7. Electronic notification is used for the decisions, summonses, notices and communications contained in a list published on the EPO website or in another suitable form.

8. As before, the Mailbox can be accessed through MyEPO Portfolio, through the existing Mailbox service or, upon request, via an application programming interface (API). Access via the existing Mailbox service will be available until this service is decommissioned, planned for June 2024.

Electronic filing

9. MyEPO Portfolio provides users with the possibility to file selected types of responses, requests, notifications, or other submissions, and submit any accompanying documents, where such action is provided for in MyEPO Portfolio and included in a list published on the EPO website or in any other suitable form4.

10. The submissions that can be made via MyEPO Portfolio include procedural acts to be performed in reply to a communication from the EPO within the prescribed period and which are automatically prompted by the system ("pending procedural actions"), and procedural requests as well as further acts which are not prompted by the system, irrespective of whether there is a time limit for responding or not.

11. At present, MyEPO Portfolio users can perform the following procedural acts that are automatically prompted by the system:

• reply to a communication under Rule 71(3) EPC, including any requests for correction of bibliographic data at that stage;
• request for further processing before or after the issuance of a noting of loss of rights following the expiry of the period for reply to a communication under Rule 71(3) EPC;
• reply to communications from the examining division in respect of requests for correction or change of the bibliographic data set out in the communication under Rule 71(3) EPC or possible inconsistencies in the translation of the claims submitted in reply to the communication under Rule 71(3) EPC;
• reply to a communication under Article 94(3) EPC;
• request for further processing before or after the issuance of a noting of loss of rights following the expiry of the period for reply to a communication under Article 94(3) EPC;
• response to the extended European search report (Rule 70a EPC);
• request for further processing before or after the issuance of a noting of loss of rights following the expiry of the period for reply to the extended European search report (Rule 70a EPC);
• reply to an invitation to indicate the subject-matter for search (Rule 62a or 63 EPC).

12. In addition, users may perform the following further acts not prompted by the system:

• request the correction or update of an application's bibliographic data, including rectification of the designation of an inventor pursuant to Rule 21 EPC;
• withdraw an application;
• reply to a communication under Rule 161(1) and Rule 162 EPC. This will allow users to file amendments, comments and/or observations in response to the written opinion of the International Searching Authority or the international preliminary examination report established by the EPO, or in response to the explanations to the supplementary international search report drawn up by the EPO;
• request registration of the transfer of European patent applications (Rule 22 EPC), of European patents (Rule 85 EPC) and of European patents with unitary effect (Rule 20(2)(b) UPR), including in relation to published patent applications or patents that are not part of their portfolio;
• request registration and cancellation of licences and other rights in respect of European patent applications (Rules 23 and 24 EPC) and European patents with unitary effect (Rule 20(2)(b) UPR), including in relation to applications or patents that are not part of their portfolio;
• request certified copies, including in relation to published patent applications or patents that are not part of their portfolio;
• notify the EPO of representation changes (see point 15 et seq. below);
• administration of entries on the list of professional representatives before the EPO (see point 17 et seq. below).

13. Additional acts and functionalities will be added to MyEPO Portfolio.

14. As a further improvement, it will be possible to submit bulk requests via MyEPO Portfolio using a CSV file. This will allow users to file requests for the registration of transfers of rights and for the registration and cancellation of licences for a large number of applications in a single step.

Representation changes

15. Professional representatives can notify the EPO of their withdrawal from representation or the transfer of representation to another professional representative, legal practitioner or association of professional representatives in respect of one or more European patent applications, European patents or European patents with unitary effect for which they are appointed. This notification will be deemed to constitute communication of the termination of the representative's authorisation within the meaning of Rule 152(8) EPC.

16. Changes will be registered immediately after users confirm the change or withdrawal of representation, and the files in question will no longer be displayed in MyEPO Portfolio in the list of files of the professional representative (or the association of professional representatives they are members of). If the details of the newly appointed professional representative, legal practitioner or association of professional representatives are entered manually, the registration will be delayed until the request is processed by the EPO.

Representative area

17. The representative area enables representatives registered on the list of professional representatives to request changes to their entry on the list and to manage their telecommunication details, including the publication of these details in the searchable database on the EPO website. They are also able to request deletion from the list of professional representatives.

18. Changes made to the telecommunication details have immediate effect. Requests for changes to the entry and for deletion from the list are first forwarded to the EPO. Changes made via the representative area will not automatically affect Mailbox settings. Any change likely to affect Mailbox settings must be handled separately by users.

19. As of 1 April 2024, professional representatives can grant permission for other users from their company to access their representative area to manage their personal entry in the list of representatives before the EPO. The Representative area feature guide provides further details.

20. The representative area will successively be extended to include additional features. These will include the ability to file requests for entry and re-entry on the list of professional representatives.

21. The management of list entries via the representative area is in line with the legal framework for the protection of personal data at the EPO. The corresponding data protection statement can be accessed from the representative area.

Email alerts

22. Users can set up email alerts to be sent to an email address specified by them when a defined event occurs.

23. Email alerts are provided as a courtesy service for information only and are not considered as notifications under Rule 127 EPC. Failure to send an alert for whatever reason will have no effect on any relevant notification or time limit. Users cannot invoke the omission of an alert. Users are reminded to check Mailbox frequently for new communications.

Formal and technical requirements

24. Further formal and technical requirements are indicated in MyEPO Portfolio and in the accompanying documentation made available to users.